In re Commitment of Steen
2022 IL App (1st) 201012-U
| Ill. App. Ct. | 2022Background:
- Respondent Kevontae Steen was adjudicated delinquent for aggravated criminal sexual abuse at age 12 (forcibly placing a 5-year-old girl's mouth on his penis); he received probation and was later detained for other offenses.
- From adolescence into his 20s Steen was repeatedly institutionalized (multiple juvenile/adult facilities), with numerous disciplinary incidents including at least 35–38 episodes of exposing himself and masturbating toward female staff, assaults, and other misconduct.
- State experts (Dr. Deborah Nicolai and Dr. Richard Travis) diagnosed Steen with antisocial personality disorder and an "other specified" paraphilic disorder (variously described), relied on Static-99R and Stable-2007 scores placing him in the highest risk category, and opined it was substantially probable he would commit future sexual violence.
- Defense expert (Dr. Lesley Kane) diagnosed antisocial personality disorder and substance-use disorders but disputed a paraphilia diagnosis, attributing exhibitionism largely to institutionalization and opining Steen was not substantially likely to reoffend; she nonetheless scored him high on Static-99R.
- The trial court found the State experts more credible, rejected Dr. Kane’s institutionalization explanation as unsupported, concluded the State proved beyond a reasonable doubt that Steen is a sexually violent person under the SVP Act, and committed him to DHS; the appellate court affirmed.
Issues:
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Steen) | Held |
|---|---|---|---|
| Whether evidence sufficed to prove respondent is an SVP (mental disorder + substantial probability of future sexual violence) | State: Expert diagnoses plus actuarial scores and dynamic risk factors establish mental disorder and substantial probability of reoffense | Steen: Experts relied on unreliable disciplinary records and inappropriate risk tools; defense expert shows no paraphilia and decreased risk | Affirmed: Viewing evidence in State's favor, experts' opinions and corroborating records sufficed to prove SVP beyond a reasonable doubt |
| Reliability/use of prison/disciplinary records in experts' opinions | State: Multiple, recurrent incidents across institutions are reliable indicia when evaluated by experts and partly admitted by respondent | Steen: Smith warns against trusting prison disciplinary records; experts improperly relied on such records | Rejected: Court found records sufficiently reliable as part of a broader evidentiary basis; Smith did not require exclusion of these records from expert consideration |
| Appropriateness of Static-99R for an offender whose index offense was juvenile (age 12) | State: Static-99R applicable because offense had "adult" features and because population underlying Static-99R included juveniles who later committed adult misconduct | Steen: Static-99R is not validated for juvenile offenders and does not distinguish violent from nonviolent sexual acts | Rejected: Experts explained applicability; Static-99R treated as one component among many and not dispositive |
| Weight accorded to defense expert's opinion that behaviors were institutionalized and risk is overstated | State: Defense opinion lacked empirical support and was often speculative; court should credit State experts | Steen: Institutionalization and childhood trauma explain misconduct; court should credit Dr. Kane | Affirmed: Appellate court defers to trial court credibility determinations and found State experts’ research-supported testimony more persuasive |
Key Cases Cited
- People v. Smith, 141 Ill.2d 40 (Ill. 1990) (prison disciplinary records generally lack indicia of trustworthiness for business-records hearsay exception)
- In re Commitment of Fields, 2014 IL 115542 (Ill. 2014) (standard for sufficiency review in SVP commitment proceedings)